A criminal case in Texas is nothing more than an allegation or accusation. It is not a conviction until prosecutors present their evidence to convince a judge or jurors of the defendant’s guilt beyond a reasonable doubt. There are many times, however, that the discovery of new evidence does not support the allegations, or the defense might offer evidence of its own that casts doubt on...
Read the full post»It appears at times as though every person charged with committing a crime has watched enough police shows on television to know the Miranda warnings by heart. As soon as the suspect is "collared," the star of the show begins reciting the litany that begins with "you have the right to remain silent." The problem is that, while most people now know the warnings, few...
Read the full post»As a criminal defendant, many people feel as though they have nowhere to turn and are at the mercy of the courts. This is not true because even those accused of crimes still have rights as citizens of the United States. These rights ensure that a person is treated fairly by the justice system. Right to an Attorney One of the most important people to any defendant...
Read the full post»A criminal record can continue to haunt you for years after you've paid your fines and served your sentence. Under normal circumstances, charges and convictions will remain on your record, available for all to see. This can present a serious obstacle to personal advancement, especially if you're applying for a new job or a loan. Fortunately, Texas state law has mechanisms in place that let arrested...
Read the full post»An arraignment is the first step of a criminal case after an arrest. Its purpose is to inform the accused person of the charges against him. The U.S. Constitution's Sixth Amendment guarantees the accused the right to know what they are accused of. The Founding Fathers added the "arraignment" clause to protect Americans from languishing in jail due to political persecution. Since the Sixth Amendment closely...
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